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(영문) 서울중앙지방법원 2015.06.03 2013가단5184096

구상금 등 청구의 소

Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 42,288,122 and KRW 40,621,742, among themselves. < Amended by Act No. 11729, Apr. 2, 2013>

Reasons

1. Basic facts

A. On October 12, 201, the Plaintiff provided credit guarantee on October 12, 201 to the principal and interest of loans that Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) received from Han Bank as the guaranteed amount of KRW 42,50,00,00 and the guaranteed term of KRW 39,950,000, and the guarantee term of KRW 11,000 on October 12, 2012 (hereinafter “instant credit guarantee agreement”) (i) the subject of the instant credit guarantee agreement; (ii) the subject of the instant credit guarantee agreement is damage and other legal procedural expenses incurred by the Plaintiff due to the failure to pay the bank obligations of the Defendant Co., Ltd.; and (iii) the Defendant B provided joint and several surety obligations to the Plaintiff under the said credit guarantee term of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.).

B. On October 17, 2012, the Defendant Company forfeited the interest due to delay in the principal of the loan, and one bank notified the Plaintiff of a credit guarantee accident and sought performance of the obligation for the loan. On April 5, 2013, the Plaintiff became 40,621,742 won in subrogation for the principal and interest of the loan to Han Bank, and 1,66,380 won in subrogation for the principal and interest of the loan. 2) The overdue interest rate determined by the Plaintiff pursuant to the credit guarantee agreement of this case is 15% per annum from the date of subrogation until the date of payment.

C. On June 17, 2013, Defendant B sold each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to Defendant C at KRW 655,00,000 (hereinafter “instant sales contract”); and Defendant C completed the registration of transfer of ownership on the ground of sale on the same day as the receipt of No. 12747 on June 17, 2013 (hereinafter “instant registration of transfer of ownership”). However, Defendant B’s active property at the time of June 17, 2013, each of the instant real estate (a total of KRW 610,23,000) and the amount assessed as KRW 200,000,000,000,000 for loans from the National Bank of Korea on May 17, 2011, Yangyang-gu Seoul District Court’s Decision 610,000,000 won for each of the instant real estate (hereinafter “registration of ownership”).